Flashcards
What law deals with credit, APR, and advertising of consumer loans?.
TILA/REGULATION Z
Which regulation prohibits kickbacks?
RESPA
Which regulation
requires the lender to cancel PMI when the loan reaches 78% LTV?
HPA – Homeowners Protection Act
Which regulation prohibits fee splitting?
RESPA
“X” is the letter used to describe which Regulation?
RESPA
RESPA is the acronym used to describe which Law?
Real Estate Settlement Procedures Act
What type of mortgage requires a non-refundable funding fee?
VA Loan
What is the provision in a mortgage enabling a lender to demand full repayment if the borrower DEFAULTS on the loan?
Acceleration Clause
What is the provision in a mortgage enabling a lender to demand full repayment if the borrower TRANSFERS the loan?
Alienation Clause
What does CFPB Stand for?
Consumer Financial Protection Bureau
What two laws created the CFPB?
Dodd Frank Act and Consumer Finance Protection Act
Which regulation is designed to help meet the credit needs of the communities in which it operates?
CRA – Community Reinvestment Act
Under ECOA rules and regulations, how many days does the borrower have to request a copy of an appraisal report if the application was denied?
90
Under ECOA rules and regulations, if an application for credit is denied, and if requested by the borrower - how many days does the lender have to provide a copy of an appraisal report?
30
If a loan application is APPROVED, under ECOA rules and regulations, when MUST a copy of the appraisal be provided to the borrower?
3 business days prior to the loan closing
Conforming Loans follow the guidelines of which regulators?
Fannie Mae and Freddie Mac
Which regulation requires the lenders to “BE EQUAL” when extending credit to borrowers?
ECOA – Regulation B
How old must a borrower be to qualify for a Reverse Mortgage?
62 years old
Which regulation has the primary function of preventing Identity Theft?
FACT Act
Which regulation has SECTION 114 (Red Flag/Address Discrepancy) Rules?
FACT Act
Which regulation requires the creditor to verify the VALIDITY of any change of address received?
SECTION 114 (Red Flag/Address Discrepancy Rules) of the FACT Act
What is the payment method used in a reverse mortgage that allows the homeowners to receive a monthly check while living in the property?
TENURE Method
What is the fraud scheme where a borrower uses someone else’s name to purchase the property, but that person WILL NOT be living at the property?
Straw borrower
What type of lender “insures” mortgages?
FHA approved lenders
What type of lender “guarantees” mortgages?
VA approved lenders and USDA approved lenders
What is the entity that loans money to fund purchases in rural areas?
USDA/Dept. of Agriculture
What is the value remaining in property after all liens and debts have been paid?
Equity
A borrower is refinancing his home. How much time does Reg Z give him to change his mind (rescind)?
3 days
Which Regulation established the 3-day right of rescission rule?
TILA/REG Z
Redlining is part of which regulation/Law?
Fair Housing Act
Blockbusting is part of which regulation/Law?
Fair Housing Act
Steering is part of which regulation/Law?
Fair Housing Act
Trying to convince a homeowner to SELL his home by implying that another race/ethnicity is moving in the neighborhood is called?
Blockbusting/panic selling
Trying to convince a homeowner to PURCHASE in a particular neighborhood based on his race, religion or ethnicity is called?
STEERING
Refusing to make loans on a property in a certain neighborhood for discriminatory reasons is called?
Redlining
What does HOEPA stand for?
Home Ownership and Equity Protection Act
HOEPA Loans are part of which larger regulation?
Reg Z/TILA
High Cost Loans are part of which larger regulation?
Reg Z/TILA
High Priced Loans are part of which larger regulation?
Reg Z/TILA
Section 32 (High Cost) Loans are part of which larger regulation?
Reg Z/TILA
Section 35 (Higher-Priced) Loans are part of which larger regulation?
Reg Z/TILA
MDIA ACT is part of which larger regulation?
Reg Z/TILA
Mortgage Disclosure Improvement Act (MDIA) is part of which larger regulation?
Reg Z/TILA
What is another name for Annual Percentage Rate?
Effective Rate
What is another name for Interest Rate?
Note Rate or Nominal Rate
PITI divided by Gross Monthly income is referred to as what?
Housing Ratio or Front-End DTI
PITI + monthly debt divided by Gross Monthly income is referred to as what?
Total Obligation Ratio – Back-end Ratio
How long must TILA Disclosures be kept?
2 years (exceptions – LE is kept for 3 years and CD is kept for 5 years)
What is the maximum amount of time that NEGATIVE info can remain on a credit report?
7 years
What is the maximum amount of time that a bankruptcy can remain on a credit report?
10 years
Which law/regulation states that a Bankruptcy can only remain on your credit for a MAX of 10 years?
FCRA – Fair Credit Reporting Act – Reg V
Which law/regulation states that negative information can only remain on your credit for a MAX of 7 years?
FCRA – Fair Credit Reporting Act – Reg V
Which law allows a consumer who has had her credit card used by an identity thief to place a credit freeze on her credit report?
FACT ACT
Which law requires creditors to TRUNCATE debit and credit card info on receipts?
FACT ACT
Which regulation requires that loan officers must take measures to secure and dispose of (burn and/or shred) a borrower’s sensitive credit information?
FACT ACT
Which regulation states that if a borrower is denied credit, he can receive a FREE copy of his credit report?
FCRA – Fair Credit Reporting Act
REG V
Which regulation states that if a borrower is unemployed, he can receive a FREE copy of his credit report?
FCRA – Fair Credit Reporting Act – Reg V
Which regulation states that if a borrower is on SSI or Disability, he can receive a FREE copy of his credit report?
FCRA – Fair Credit Reporting Act – Reg V
Which regulation states that if a borrower has been the victim of fraud, he can receive a FREE copy of his credit report?
FCRA – Fair Credit Reporting Act – Reg V
Which regulation states that a borrower can receive a FREE copy of his credit report once a year (no reason or requirement necessary)?
FACT Act
During the loan process, if you ask a borrower if he is single…which law are you violating?
ECOA – Regulation B
Which regulation states that the only correct way to ask about a borrower’s martial status is: are you married, unmarried or separated?
ECOA – Regulation B
Who is responsible for providing the closing disclosure to the borrower?
The Creditor/Lender
Who is responsible for providing the closing disclosure to the Seller?
Settlement Agent/Title Agent
Which regulation requires the borrower to receive the Loan Estimate?
TILA – REG Z
Which regulation requires the borrower to receive the Closing Disclosure?
TILA – REG Z
Which regulation requires the borrower to receive the Loan Estimate within 3 business days?
RESPA – Regulation X
Which regulation requires the borrower to receive the Closing Disclosure within 3 business days?
RESPA – Regulation X
As it relates to the loan estimate – what is the definition of a Business day?
Any day that the Creditor’s office is open for business
According to TILA/REG Z – what is the definition of a Business day?
Any calendar day except for Sunday and Legal Holiday
During the loan process, where do you find HMDA government monitoring information?
Section X (Information for Government Monitoring Purposes) of the 1003 (URLA) application
What does HMDA stand for?
Home Mortgage Disclosure Act
What appraisal approach is used when appraising property that has been destroyed by a natural disaster?
Cost Approach or replacement cost approach
In the sales comparison approach, how many comps are required?
3
What is another name for the Financial Services Modernization Act of 1999?
Gramm-Leach-Bliley Act
How many days does a CREDITOR have to notify a consumer of the status of a credit application (denied, approved, need more info)?
30 days
Which regulation states that a creditor has 30 days to notify a consumer of an application approval or denial?
ECOA – REG B
How many hours of Ethics is required to be taught in the 20hr Pre-licensing course?
3
How many hours of Ethics is required to be taught in the 8hr Continuing Education course?
2
How many hours of Federal Law is required to be taught in the 20hr Pre-licensing course?
3
How many hours of Federal Law is required to be taught in the 8hr Continuing Education course?
3
A mortgage that includes more than one parcel of land is called what?
Blanket Mortgage
A mortgage that includes appliances such as a stove or refrigerator is called what?
Package Mortgage
Which closing document itemizes the final closing cost and items paid in connection with the loan for the borrower?
Closing Disclosure
Which law deals with APR and Advertising of credit terms?
TILA – REG Z
What is the official name for the 3/7/3 rule?
Mortgage Disclosure Improvement Act or MDIA Act
What regulation requires the lender to perform an escrow analysis?
RESPA – REG X
Which law states that it is a violation to discriminate against a potential borrower on public assistance?
ECOA – REG B
What two classes are protected under Fair Housing Act - but NOT under ECOA?
Disability/Handicap and Familial Status
What three classes are protected under ECOA but NOT under Fair Housing?
Age, Marital Status, and Public Assistance
What is another name for a non-conforming loan?
Jumbo Loan
What is another name for a Jumbo loan?
Non-Conforming Loan
The front Ratio for an FHA loan is 31%… what is the back ratio?
43%
The front Ratio for a Conventional loan is 28%… what is the back ratio?
36%
The Ratio for a VA loan is?
41%
What is another name for the Bank Secrecy Act?
The anti-money laundering act
What is another name for the Anti-Money Laundering Act?
Bank Secrecy Act
Which law requires banks (financial institutions) to keep records of deposits of $10,000 made in cash?
Anti-Money Laundering Act/Bank Secrecy Act
Which law requires MLOs to file suspicious activity that might be a sign of tax evasion, money laundering, or other possible criminal activity exceeding $5,000?
Anti-Money Laundering Act/Bank Secrecy Act
If you fail the test, how long must you wait before retaking the exam?
Required 30-day waiting period before retaking a failed test
What does AUS stand for?
Automated Underwriting System
What does SAFE Act stand for?
Secure and Fair Enforcement Act
What does HERA stand for?
Housing and Economic Recovery Act
What does HPA stand for?
Homeowner’s Protection Act
What does GLBA stand for?
Graham Leach Bliley Act
What type of property is covered under RESPA?
1 – 4 unit Residential Property
Which regulation allows lenders to OBTAIN information regarding a borrower’s ethnicity, to help identify possible discriminatory patterns?
HMDA – Regulation C
When can a borrower request cancellation of PMI?
When LTV Reaches 80%
When must the lender automatically cancel PMI?
When the LTV reaches 78%
What is the primary market?
Where borrowers/consumers obtain mortgage loans
What is the secondary market?
Where lenders buy and sell loans from one another
Name the two Government Sponsored Enterprises (GSEs)?
Fannie Mae
Freddie Mac
Which GSE is the Federal National Mortgage Association?
Fannie Mae
Which GSE is the Federal Home Loan Mortgage Corporation?
Freddie Mac
TILA applies when credit is payable by written agreement in __________ installments?
More than 4 installments
Which AUS system does Fannie Mae use?
Desktop Underwriter (DU)
Which AUS system does Freddie Mac use?
Loan Product Advisor (formerly Loan Prospector)
How often must National DNC and internal DNC list be updated?
Every 31 days and records must be maintained for 24 months
An appraisal is valid for _____ months?
An appraisal is valid for 6 months (updated 1/1/2020). It must be re-certified if the appraisal will be 4 months (120 days) old or more at closing.
What is the penalty for violating the DNC list?
$42,530
Which regulation allows the borrower to sue for 3x’s the amount paid for title insurance?
RESPA Section 9
If money was collected, and a borrower rescinds, how long does escrow have to return the funds?
20 days
MLOs seeking to become licensed in other states or who seek to move from a bank to a non-bank lender will be allowed ______ days of transitional (temporary) authority.
These individuals are allowed to originate loans while completing any state-specific requirements for licensure such as education or testing for up to 120 days while they are applying to the state agency for their new license.
What is the only fee that can be collected prior to delivery of the Loan Estimate?
Credit Reporting fee
Once an individual is unlicensed for ________ years as an MLO, most states require that the individual retake the 20hrs of pre-licensing education in order to have his MLO license reinstated.
3 years
What law requires that the equal housing lender slogan and/or logo be placed on all advertising?
Fair Housing Act
How long does a person have to sue for a violation under the Fair Housing Act?
1 year
Once unlicensed for ______ years, the individual must retake and pass the National Exam.
Once unlicensed for five (5) years, the individual must retake and pass the National Exam.
If the individual has worked as a registered MLO during this unlicensed period, he is credited for that time.
What is the site where you can receive a free copy of your credit report, according to the FACT Act?
www.Annualcreditreport.com
The lender must provide the borrower with a list of ______ HUD approved counselors.
Ten (10) HUD approved counselors
What regulation is designed to protect consumer’s non-public information (NPI) and how it can and cannot be shared?
GLBA
Which law requires lenders to verify the date of birth, SS# and ethnicity of a person getting a loan in the United States?
U.S. Patriot Act
If you fail the test 3 times, what is the waiting period to retest?
Six (6) Months/180 days
Under HMDA, how long must a lender keep the Loan Application Register (LAR)?
3 years
What day does your license expire each year?
December 31st
What is the renewal period to keep your license current?
NOV 1 – DEC 31st
What are the two (2) types of mortgages that require that the homeowner meet with a counselor – to ensure that the he/she understands how the program works?
Reverse mortgages and Higher-Priced (Section 35/HMLs) mortgages.
Which Act requires companies to give consumers privacy notices?
Gramm-Leach-Bliley
Which act was implemented to promote financial stability and to protect consumers from abusive practices?
Dodd Frank Act
What is RESPA Section 6 responsible for?
Mortgage Servicing
What is RESPA Section 8 responsible for?
Kickbacks, Fee Splitting, and Unearned fees
What is RESPA Section 9 responsible for?
Title Insurance
What is RESPA Section 10 responsible for?
Escrow Accounts
What is the max mortgage term (length) allowed for a mortgage to be classified as a Qualified Mortgage?
30 years
Until the loan estimate has been delivered, what fee can a MLO charge?
Credit Report
Estimate of charges and terms for settlement services must be available for at least _________ business days from the time the Loan Estimate is provided?
10
If a new (revised) Loan Estimate is required because of a changed circumstance, it must be disclosed and received by the borrower ________ days prior to consummation of the loan?
Four (4) days!
The “initial” loan estimate is due at or “within” 3 days of the application.
A “revised” loan estimate is due “within” 3 days of the notice of change.
But in ALL CASES, it must be delivered four (4) days prior to consummation!
Because the soonest a loan can close (per the MDIA Act is 7 days! (3 + 4 = 7)
Flood Insurance must be purchased from the _____________.
Flood Insurance must be purchased from the National Flood Insurance Program (NFIP).
The minimum amount of flood insurance required for a home in a flood zone is $_______.
$100,000
The max amount of flood insurance required for a home in a flood zone is $_______.
$250,000
The loan estimate must be retained for how long?
3 years
What does HMDA stand for?
Home Mortgage Disclosure Act
What does NOV stand for?
Notice of Value
What does CRV stand for?
Certificate of Reasonable Value
What does the “R” stand for in the acronym NMLSR
REGISTRY
What is a Mortgage Call Report (MCR)?
Quarterly Report required by MLO Company and Mortgage Brokers
Loan originator organizations must keep compensation records for how many years?
3 years
Mortgage companies must submit a residential loan origination activity report to the NMLSR every:
Three months
Which Act specifically prohibits blockbusting?
The Fair Housing Act
What law protects homeowners from foreclosure-prevention scams?
Mortgage Assistance Relief Services Rule
Which law requires financial institutions to keep detailed records of cash transactions exceeding $10,000 (withdrawing, depositing or transporting)?
Bank Secrecy Act/Anti-Money Laundering (BSA/AML)
What type of federal report is filed when financial institutions detect suspicious activity?
Suspicious Activity Report
Which law requires businesses to print only the last five card numbers on a credit card receipt?
FACT Act
What happens if the acceptable variance between the Loan Estimate and the Closing Disclosure is exceeded?
The excess is refunded to the borrower within 60 days
A higher-priced home loan is one that has:
APR exceeds the average prime rate by at least:
- 5% for first-lien mortgage
- 5% for a first lien Jumbo loan, or
- 5% for a subordinate mortgage lien.
What is the shortest time in which a mortgage purchase loan can close?
7 business days
Which law states that MLOs are required to report any suspicious activity exceeding $5,000 that may be a sign of tax evasion, money laundering, or other possible criminal activity?
Bank Secrecy Act/Anti-Money Laundering (BSA/AML)
Denise reviewed her credit report and discovered a few discrepancies and would like to dispute them – once disputed, how long does the credit reporting agency have to respond to the dispute?
30 days
The Red Flags Rules are also known as
________
The Red Flags Rules are also known as Section 114 rules under the FACT Act
What law requires ARM borrowers to receive the Consumer Handbook on Adjustable Rate Mortgages?
TILA
Which law requires that the “Know Before You Owe” booklet be given to the borrower?
RESPA
Lenders must maintain an escrow account for higher-priced (Section 35) mortgages for a minimum of:
5 years
What is the Fannie Mae appraisal report form?
URAR - 1004 Form
What lien has the highest priority and is paid off first when a property is sold?
Property Tax
What document is assigned along with the mortgage?
Promissory note
What term describes the process of a senior mortgage lien-holder voluntarily changing into a junior mortgage lien-holder?
Subordination
What does Ginnie Mae do?
Guarantees Ginnie-Mae mortgage-backed securities
Which law requires lenders to train employees to recognize the Red Flags of identity theft?
FACT Act
Which law entitles a borrower to a copy of his appraisal report?
ECOA
According to the GLB Act, a person who completes a single transaction with a creditor is known as a(n) customer or a consumer?
A consumer
The lowest possible interest rate for an ARM loan is known as the:
Floor
If an applicant works 30 hours every week and is paid $25.00 per hour, what is the applicant’s monthly income?
$3,250
$25.00 x 30hrs a week x 52weeks in year / 12
What law prohibits discrimination in the sale and lease of property?
Fair Housing Act
The term “20 basis points” expressed as a percentage is:
0.20%
The late fee for a conventional loan is:
5% of principal and interest
A funding fee is required for a:
VA loan
The mortgagee is the:
Lender
Who does Fannie Mae hold responsible for the quality of an appraisal?
Lender
Which law prohibits discrimination by lenders when extending credit?
Equal Credit Opportunity Act
A property sold for $200,000 and was appraised at $180,000. The borrower received a loan for $150,000. What is the loan-to-value?
83.3%
$150,000/$180,000
How many days does a lender have to send an adverse action notice?
30
The enforcement of a lien is known as a:
Foreclosure
What minimum percentage of ownership qualifies an individual as self-employed?
25%
Which law defines the right of rescission?
Truth-in-Lending
How long after the application date must social security payments continue to be received in order to count as income?
3 years
Which clause in a mortgage allows a lender to increase the interest rate?
Escalation
A VA appraisal is known as a:
CRV or NOV
Which types of loans are meant for rural areas?
USDA – Section 502
The purchase price of a home is $200,000 and the loan amount is $180,000. The borrower pays 6% interest with 1 discount point and 1 origination point. What is the cost of the points?
$3,600
$180,000 x 2%
What is the maximum allowable amount of VA seller concessions?
4%
The late fee for a VA loan is:
4% of principal and interest